Sam Saad
👤 SpeakerAppearances Over Time
Podcast Appearances
You also need to make sure you have the money for stamp duty.
If it's a related party transaction, sometimes, for example, if it's the family home, you can move it to your husband or wife without having to pay any stamp duty or at least 50% of it.
So there might be some ways around that.
One of the final things you got to look at as well is bank consent.
Whilst you may have all your loans in place, the bank's not going to let you to move a loan to someone else's name without having their approval.
And sometimes that could weaken your
asset position or could weaken your cash flow position if you're putting the name, for example, in your husband or wife's name that doesn't work, then it could lead to no income on that basis and the bank may refuse it.
Well, it depends on the circumstances and funds that you have available.
For example, I've recently had a builder client of mine who's moved basically his home and two of his other properties out of his name to his wife's name to make sure that he's able to protect those assets in the event something goes on with any future projects.
was definitely worth the payment versus what the risk would be or if someone sued him for two three four hundred thousand dollars or more the same duty in that circumstance was a lot smaller so it's worth it but you also need to think when you move assets under bankruptcy laws there's relation back periods so sometimes they could limit the fact that you can or can't move assets in certain circumstances so you need to make sure you plan early to make sure these restructures happen properly
Yeah, that's right, Craig.
And look, it's often too late when people come at that stage to protect the house or the things that they need most, which is why it's important to spend that money early and make sure you have the right structuring in place.
It may cost you a little bit upfront, but in the long run, it'll save you all those losses that you could potentially have.
Thanks for having me on again, Craig.
Thanks for having me back, Craig.
There's two different types of leases that are in commercial properties that you can come across.
The first are retail leases, or normally the more regulated leases.